Memo

Following the debut of the New York State Department of State Division of Licensing Services' online licensing system, eAccessNY, numerous concerns were raised by REALTORS across New York State. Deeply concerned about the affect this system was having on our members, NYSAR took the iniative to meet with the secretary of state to explore solutions to these issues.
On May 7, NYSAR staff and NYSAR Legal Counsel Michael Wallender met with Secretary of State Lorraine Cortes-Vazquez and high ranking members of her staff.

The Department of State (DOS) staff admits that they are having problems with eAccessNY and are making efforts to resolve these problems through a variety of means.  They have asked for our continuing input.   We will stay in constant contact with them to assure that your issues are handled in as timely and responsive a manner as is possible. 

You should be aware that there are currently about 4,000 backlogged real estate license applications from examinations taken prior to May 13 of this year.  Although the DOS has temporarily moved staff from other areas and is in the process of training these staff members to process applications, those that are backlogged from this spring will take six to seven weeks to process.  Broker license applications and licensing changes not done through eAccessNY will have similar processing delays.

As most of you know by now, the DOS is no longer issuing Letters of Authorization to allow a new agent to practice before receiving their actual license in the mail.  With the new online processing system, the need for LOAs should be eliminated.

DOS staff asked that we encourage schools offering qualifying courses to let applicants know that the quickest way to apply for a license now is to go online.  Once a candidate takes the state licensing exam, they can go online to check their pass status within 24 to 48 hours.  After confirming they have passed, the candidate can apply online for their salesperson’s license.  In the application process, they must list a sponsoring broker.  The sponsoring broker is immediately notified via e-mail of the candidate’s application.  Upon receipt of that e-mail, the sponsoring broker can authorize the candidate online and in less than one week the applicant will receive their license.  License applications are processed daily, so the entire process should be dramatically expedited. 

To meet the needs of the exploding population of agents who wish to become brokers before the new educational requirements go into effect on July 1, the DOS added 4,000 more broker exam seats in May.  Further, they just replaced the June 17 salesperson’s exam in Albany, Hauppauge, New York City and Rochester, with a broker’s exam, adding 1,056 seats to help satisfy the demand. 

We have fielded many questions about multiple licenses for brokers in eAccessNY (corporate and individual), the inability of brokers to locate all of their agents in the new system, user name and password issues, etc.  The DOS has 13 staff members dedicated solely to answering phone calls and e-mails about eAccessNY problems.  We understand there can be a very long waiting period to receive assistance.  Department staff suggests that if you have a prolonged or severe need, you should send an e-mail with complete details to eaccessny@dos.state.ny.us.  Please put “NYSAR” in the subject line and your request should be handled promptly. 

Part of the problem with the new system is the outdated data.  If a name is not entered exactly as it was originally set up for a licensee, the system cannot make the match and find the licensee.  When searching for a licensee, the first letter of the first and last names should be capitalized and the remaining letters should be entered in lower case.

Many brokers and schools have expressed concern about the inability to use American Express for payment.  The DOS is looking into accepting American Express as a payment method.  In the meantime, if a broker or agent does not have access to Visa or MasterCard for payment purposes, they may want to consider purchasing a temporary card for this purpose.  For schools submitting courses for CE approval,   payment may be made by check through the US Postal Service.

Regarding the status of photo pocket card licenses, when making application for a new or renewal license, the applicant must include their Department of Motor Vehicles (DMV) identification number.  This will link the photo on file with the DMV with the DOS license application.  For those who do not currently have a photo on file with the DMV, they must visit a DMV office to get a free DMV photo ID that can be used for their real estate license pocket card.

Other tips and reminders that you might find useful include the following:
·         Agents’ licenses must be held at the branch office where they normally work.  Agent licenses must reflect this branch office address rather than a firm’s headquarters address.
·         When an agent leaves a firm, the principal broker must file a termination with the DOS within five days.  The new sponsoring broker must then file a change of association for the agent.
·         When an agent leaves a firm, any existing contracts stay with the firm.
·         Occasionally the DOS has the need to investigate or audit an office’s records for compliance.  Unless there exists a reason for concern that records may disappear, the DOS investigator will send a letter to the firm’s broker to schedule an appointment and to let the broker know what types of documents should be made available.  It is recommended that the broker be present to release, or allow the viewing of, the requested documents. 
·         An office manager can serve as a sales agent in a transaction including acting as a designated agent. 
We hope that you will find this additional information useful.  If you have further questions, please contact Priscilla Toth via e-mail at educate@nysar.com.